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Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp.

Case Name: Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp., Civ. No. 14-1268-SLR, 2016 U.S. Dist. LEXIS 65317 (D. Del. May 18, 2016) (Robinson, J.) - Drug Product and Patent(s)-in-Suit: Colcrys® (colchicine); U.S....more

Ferring B.V. v. Actavis, Inc.

Case Name: Ferring B.V. v. Actavis, Inc., Civil No. 15-4222 (SRC)(CLW), 2016 U.S. Dist. LEXIS 69328 (D.N.J. May 26, 2016) (Chesler, J.) - Drug Product and Patents-in-Suit: Lysteda® (tranexamic acid); U.S. Patent No....more

Reckitt Benckiser Pharms, Inc. v. Watson Labs., Inc.

Case Name: Reckitt Benckiser Pharms, Inc. v. Watson Labs., Inc., Civil No. 13-1674-RGA, 2016 U.S. Dist. LEXIS 72391 (D. Del. June 3, 2016) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Suboxone® (buprenorphine HCl...more

In Re Bendamustine Consolidated Cases

Case Name: In Re Bendamustine Consolidated Cases, No. 13-2046-GMS, 2016 U.S. Dist. LEXIS 75624 (D. Del. June 10, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Treanda® (bendamustine HCl); U.S. Patents Nos....more

Merck & Cie v. Watson Labs., Inc.

Case Name: Merck & Cie v. Watson Labs., Inc., 2015-2063, -2064, 2016 U.S. App. LEXIS 8782 (Fed. Cir. May 13, 2016) (Circuit Judges Dyk, Mayer, and Hughes presiding; Opinion by Mayer, J.) (Appeal from D. Del., Andrews, J.)...more

Intendis GMBH et al. v. Glenmark Pharms. Inc., USA

Case Name: Intendis GMBH et al. v. Glenmark Pharms. Inc., USA, 822 F.3d 1355 (Fed. Cir. May 16, 2016) (Circuit Judges Prost, Moore, and Taranto presiding; Opinion by Moore, J.) (Appeal from D. Del., Robinson, J.) - Drug...more

Spectrum Pharms., Inc. v. Burwell

Case Name: Spectrum Pharms., Inc. v. Burwell, No. 15-5166, 2016 U.S. App. LEXIS 10095 (D.C. Cir. June 3, 2016) (Circuit Judges Griffith, Cavanaugh, and Wilkins presiding; Opinion by Griffith) (Appeal from D.D.C., Lamberth,...more

Teva receives license to three patents covering oxycodone dosage forms

Purdue Pharma L.P. et al. v. Teva Pharmaceuticals USA, Inc.; Purdue Pharma L.P. et al. v. Teva Pharmaceuticals USA, Inc. Case Number: 1:13-cv-04606-SHS; 1:14-cv-02357-SHS - Teva settled with plaintiffs in two...more

Judge Hellerstein refused to stay case pending resolution of other cases involving the patents in suit

Intellectual Ventures I LLC, et al. v. Citigroup, Inc., et al. Case Number: 1:14-cv-04638 - Citigroup moved to stay this case, which involved five patents related to cyber security and the protection of customer...more

Amount of fees and non-taxable costs in exceptional case to be sealed

TNS Media Research, LLC (d/b/a) Kantar Media Audiences and Cavendish Square Holding, B.V. Case Number: 1:11-cv-04039-SAS - Following Judge Scheindlin’s finding this case exceptional, the parties stipulated to an...more

Findthebest.com awarded approximately $302K in attorneys’ and costs under 35 USC § 285

Lumen View Technology LLC v. Findthebest.com Case Number: 1:13-cv-03599-DLC Having denied Lumen View's motion for reconsideration of a finding that this case is exceptional...more

Claims to a method of making a baseball highlight video not infringed

Baseball Quick, LLC v. MLB Advanced Media L.P. Case Number: 1:11-cv-01735-KBF - Judge Forrest granted summary judgment of non-infringement of claims for producing a highlight video of a baseball game....more

The BPCIA’s framework for patent dispute resolution counsels against the exercise of declaratory judgment jurisdiction

Celltrion Healthcare Co., Ltd. et al. v. Kennedy Trust for Rheumatology Research; Hospira, Inc. v. Janssen Biotech, Inc. et al. Case Number: 1:14-cv-02256; 1:14-cv-07049 On the same day, Judge Crotty granted two...more

Production of prosecuting attorney’s memorandum about prior art waives privilege

Regeneron Pharmaceuticals, Inc. v. Merus B.V. Case Number: 1:14-cv-01650-KBF Judge Forrest, having determined that Regeneron’s production of a memorandum discussing prior art was a waiver of attorney-client...more

For product claims, the “use” of an accused product that operates outside the U.S. still fails within the reach of Section 271(a)...

Blue Spike, LLC v. Soundmouse Ltd - Case Number: 1:14-cv-02243 - Judge McMahon, addressing the territorial reach of “use” within the United States under Section 271, granted in part and denied in part Defendant...more

1+ year delay post-answer in counterclaiming for invalidity and non-infringement is acceptable under Rule 15

Endo Pharmaceuticals, Inc. and Grüenthal GmbH v. Teva Pharmaceuticals USA, Inc. and Barr Laboratories, Inc. Case Number: 1:12-cv-08060-TPG-GWG - Teva delayed more than one year between answering a complaint...more

Contrary claim construction at USPT no reason to reconsider court’s construction

Enzo Biochem, Inc. et al. v. Molecular Probes, Inc. Case Number: (1:03-cv-03816-RJS) - Judge Sullivan denied Enzo’s request to reconsider the court’s claim construction of U.S. Patent No. 5,449,767 (“Modified...more

Judge Hellerstein rules on a series of motions related to infringement contentions, motions to compel documents and responses to...

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more

Jury finds two out of three asserted patents valid and infringed, and awards $1.35 million to plaintiff.

Adrea, LLC v. Barnes & Noble, Inc., et al. Case Number: 1:13-cv-04137-JSR - After trial, a jury found that defendants Barnes & Noble, Inc., BarnesAndNoble.com, and Nook Media, LLC infringed claims 7, 8, 9, 18...more

Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

Judge Griesa declines to revisit Federal Circuit’s finding that a license and settlement agreement is “clear on its face.”

Endo Pharmaceuticals, Inc. v. Roxane Laboratories, Inc. Case Number: 1:13-cv-03288-TPG - Defendant Roxane Laboratories, Inc. (“Roxane”) was sued by Endo Pharmaceuticals, Inc. (“Endo”) when Endo learned that...more

Judge Forrest finds patentee’s claim constructions to be overly broad, and lacking specification support

Regeneron Pharm., Inc. v. Merus B.V. Case Number: 1:14-cv-01650-KBF - On March 14, 2014 Regeneron Pharmaceuticals, Inc. (“Regeneron”) commenced this action against Merus B.V. (“Merus”) and Ablexis LLC...more

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

The Local Patent Rules regarding infringement contentions do not apply to this Hatch-Waxman case.

Kowa Company Ltd. v. Aurobindo Pharma Ltd., et al. Case Number: 1:14-cv-02497-PAC - Defendant Mylan asked the court to apply the Local Patent Rules to the case, specifically requiring plaintiff to serve its...more

Judge Román stays case because of IPRs based on parties’ joint request.

CDx Diagnostics, Inc. et al. v. U.S. Endoscopy Group, Inc. et al. Case Number: 7:13-cv-05669-NSR - Judge Román stayed the litigation after the PTAB instituted IPR Case Nos. IPR2014-00639 and IPR2014-00641 for...more

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